On April 20, 2016, the NRC issued a Confirmatory Order to C&D Technologies, Inc. (vendor) to formalize commitments made as a result of an alternative dispute mediation session. The commitments were made by the vendor as part of a settlement agreement between the vendor and the NRC regarding apparent violations of NRC requirements. The agreement resolves the apparent failure to perform adequate technical evaluations of defects, and the associated periodic reporting of ongoing deviation evaluations and final determinations, contrary to the requirements in Title 10 of the Code of Federal Regulations 21.21, “Notification of failure to comply or existence of a defect and its evaluation.” The vendor agreed to a number of corrective actions, including: (1) restore full compliance for all currently identified noncompliances, (2) revise policies and procedures to provide reasonable assurance of continued compliance, (3) provide initial and continuing training for C&D staff and supervisors, (4) institute an annual independent third party programmatic review, and (5) periodic communication, to staff and managers, regarding senior management’s expectations and commitment to comply with NRC requirements. In consideration of these commitments, the NRC has agreed to refrain from issuing a proposed imposition of a civil penalty and a Notice of Violation.

On April 20, 2015, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $ 11,200 to the Chicago Bridge and Iron Company (CB&I). This action is based on a Severity Level (SL) II Problem involving deliberate misconduct on the part of CB&I officials and employees related to a dropped module incident that occurred at the company's Lake Charles, LA, fabrication facility on March 1, 2013. Specifically, the actions stem from violations of 10 CFR 52.4, Deliberate Misconduct, by various CB&I officials and employees who attempted to cover up an incident involving the dropping of a submodule destined for Virgil C. Summer Nuclear Station. Immediately following the incident, the former Rigging Manager deliberately instructed subordinate employees to omit key information from incident investigation statements, including: (a) that the sub-module had, in fact, dropped approximately 3.5 feet; (b) improper rigging equipment (nylon slings) had been used and had broken; and (c) the sub-module had sustained damage. The actions of the CB&I officials and employees also caused the company to be in violation of 10 CFR Part 50, Appendix B, Criterion XVI, Corrective Actions, for failing to promptly identify and correct a condition adverse to quality.

On September 25, 2014, the NRC issued a Confirmatory Order (CO) to the Chicago Bridge and Iron Company (CB&I) to confirm commitments reached as part of an alternative dispute resolution (ADR) mediation settlement agreement between CB&I and the NRC. An investigation completed by the NRC Office of Investigations (OI) on August 7, 2013, concluded that three employees at the Shaw Modular Solutions (SMS) Lake Charles, LA, fabrication facility (now owned and operated by CB&I) deliberately subverted SMS welder qualifications requirements when: (1) a welder took welding qualifications tests for another coworker; (2) the coworker allowed the welder to take the qualifications tests on his behalf; and (3) the weld test administrator certified that the coworker passed his welder qualifications tests when he knew that the tests were performed by another person. The actions on the part of the three SMS employees caused the company to be in violation of Title 10 of the Code of Federal Regulations, Section 52.4, "Deliberate misconduct." Through mediation, CB&I agreed to take several measures to enhance the understanding of NRC requirements and the significance of willful violations for all company employees, including contractors and subcontractors, at all CB&I locations where NRC-regulated activities are performed. These measures build upon a previously-issued CO and include improving quality control and processing for welding products; enhancing new employee training to highlight the errors behind the recent violations; and enhancing CB&I's nuclear safety culture monitoring program based on lessons from the recent violations.

On September 16, 2013, the Nuclear Regulatory Commission (NRC) issued a Confirmatory Order to Chicago Bridge & Iron (CB&I) to formalize commitments made as a result of an ADR mediation session. CB&I agreed to these commitments as part of a settlement agreement with the NRC regarding two violations of 10 CFR 52.5, "Employee protection," for: (1) terminating a former Quality Assurance Supervisor because he/she notified another NRC licensee of potential 10 CFR Part 21 issues regarding possible faulty rebar that may have been shipped to their facility by a third party vendor; and (2) prohibitive language in the company's Corporate Code of Conduct which prohibits, restricts, or otherwise discourages an employee from participating in a protected activity including notifying an NRC licensee of matters within the NRC's regulatory responsibility.

As the result of the mediation, CB&I agreed to take a number of actions for all persons employed by CB&I, including contractors and subcontractors, excluding short term employees, who are engaged in work associated with NRC-regulated activities. Those actions include: (1) reinforcing through a written communication from CB&I's Chief Executive Officer the Company's strategy to improve its nuclear safety culture; (2) updating its nuclear safety culture and safety conscious work environment policies and documents to ensure they are consistent with and informed by NRC and industry guidance, (3) developing and/or revising the company's employee protection, nuclear safety culture and safety conscious work environment training; (4) establishing a uniform Executive Review Board process to ensure independent management review of all proposed significant adverse actions; and (5) performing tailored comprehensive nuclear safety culture assessments, including site surveys, of all CB&I nuclear business entities.

In consideration of these commitments and subject to the satisfactory completion of the conditions of the Confirmatory Order by CB&I, the NRC is exercising enforcement discretion and withdrawing the Notice of Violation and Proposed Imposition of Civil Penalties ($36,400) that was issued on April 18, 2013.

On January 17, 2002, a Notice of Violation was issued for a Severity Level III violation involving discrimination against two pump mechanics at the D.C. Cook Nuclear Power Station for engaging in protected activities.